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NYC Criminal Lawyers

NYC criminal Attorneys at Joseph Potashnik and Associates criminal defense group provide effective and personalized services to clients facing criminal investigations and prosecution in state and federal courts. We have over 50 years of combined experience practicing criminal law. Over the years, our team of trial lawyers has built a track record for taking on complicated cases, and winning them. As your law firm, our goal is to help you get the best possible outcome. That means being creative, and extremely diligent, on how we use the law – to fight against the crime you are accused of doing. We are experienced in successfully handling almost every type of criminal cases in all New York Courts and in federal cases across the nation. We take cases to jury, if necessary, and deliver the best possible results. Clients who work with us choose us because they need a defense team who understands how to win!

 

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FAQ

Our firm focuses on educating our clients about their present situation, and the potential outcome they can expect.
Here are some of the more commonly asked questions.

You have the right to hire a private attorney, or use a court appointed lawyer. It is not uncommon for individuals to use the court appointed lawyer. In some cases, though, it might make more sense to hire your own private attorney. Public defenders often have a large number of clients, and thus are unable to dedicate a lot of time to any one particular case. This means, if you have a complicated case - you may not get the best outcome by working with a public defender.

On the contrary, private attorneys are being paid by you - and thus can dedicate a larger sum of time. Typically, private attorneys take on fewer cases, because they want to give their clients the best possible outcomes. If you are charged with a petty crime, such shoplifting, it might make sense to work with a public defender if you are getting a good plea deal. In the event you are charged with a felony, you should consider it mandatory to hire a private NYC criminal attorney.

Private NYC criminal attorneys typically charge on an hourly basis, or charge a retainer. It all depends on the length, and complexity, of the case. It is in your interest to hire an attorney by paying him, or her, a set retainer. This helps you limit your overall expenses, and makes it the responsibility of the attorney if the case drags on. When you hire an attorney on an hourly basis, your expenses can grow infinitely. It means you could potentially see a large bill!

If you have a complex case, such as a federal case, or a felony, typically your overall fees will be much higher than a petty misdemeanor, or something like that.

While admitting guilt might seem like the honest, and right thing, to do - it can hurt you in the long run. The District Attorney's job is not to be empathetic. His, or her, job is to throw the book at you and give you the maximum punishment possible. The prosecutor can only improve his, or her, resume, by punishing you. When you admit guilt, you make his/her job easier, and as a result - hurt your chances of getting a lower punishment. If you admitted something, while in police custody, make sure to inform you NYC criminal lawyer - so that he may be able to help you.

This is a very popular question. Many people watch Law and Order and have heard the Miranda rights read in Hollywood. Part of those Miranda rights, is the right to remain silent. This right is the cornerstone of the US legal system, and helps protect you against anything self-incriminating that you may unintentionally say. There are exceptions to the Miranda rights, which you need to understand.

The right to remain silent is something which has exceptions to it. For example, if you start answering questions - but then stop, then that can be used against you. This is because prosecutors will argue that you didn’t answer the question because you were at fault. The non-answer can be used against you in court. In order to maintain your rights, you have to remain silent before, and after, the Miranda rights are read to you.

If and when the police take you into custody, they are required to read you your Miranda rights. If the police take you into custody, and don’t read you your rights, it may be possible for a criminal attorney to help you if you say something incriminating. If the police does not take you into question, but asks you questions - they are not required to ready you your rights. This is because the only time Miranda rights are read, is when you are being taken into official police custody.

A criminal record can be a massive burden for anyone to handle. Negative encounters with the law can leave a permanent mark in your legal file, and proof of a conviction can get in the way of almost every aspect of modern life. Being arrested can interfere with future job applications, home rentals and loan requests; fortunately, it may be possible for some individuals to completely eliminate any formal documentation of their crimes.

The options available directly depend on the circumstances of arrest. There are many factors involved in the litigation process, so this overview examines several different paths that people can take to expunge their criminal record and clear their name.

First off, eligibility is determined on a case-by-case basis. Qualification for expunging is based on quite a few different circumstantial elements. For example, certain offenses simply cannot be expunged. A lot of jurisdictions do not allow felonies to be scrubbed from the record, which means eligibility only extends to misdemeanors in these regions.

Still, a person might not qualify for the process even if their crime fits into the legal parameters for expunging. Primarily, all sentences must be served before a judge will consider clearing the record. Being a juvenile can be helpful when it comes to facing the courtroom. Young defendants can always claim a bout of youthful indiscretion. In a similar vein, drug crimes are given a similar leeway if sobriety is showcased afterwards.

Once the decision is made to pursue an expunged criminal record, it is time to file a formal “Motion for Expungement.” An attorney can be helpful during this step, but their presence is not at all necessary. The paperwork is easy to fill out, and the hearings are very straightforward. Once the case has been presented, a judge will make the final decision. If a sound argument has been made showing improved behavior, the ruling should be favorable; otherwise, it is time to prepare an appeal!

Expungement is a wonderful legal tool that tightly seals access to a criminal record. It counts as a complete exoneration. Everyone that is granted this right can honestly proclaim the lack of any criminal history whatsoever. Still, some convicts can take self-advocacy a step further by demanding an overturned conviction. Earning a “Certificate of Actual Innocence” creates a legally binding agreement that states the record had no reason to exist in the first place. This symbolic gesture implicates that the authorities were committing an act of overzealous prosecution.

Ultimately, receiving court ordained evidence of innocence can take months or years. The bureaucratic system moves grindingly slow, so it mandates a ton of patience. Seeking the path towards redemption is an excellent starting point, but it takes a strong commitment to truly erase a criminal record. By following the advice above, exoneration can be attained. Just remember to stay cool, calm and collected. Maintaining this attitude while inside the courtroom will help ensure a smooth transition into total expungement.

Criminal charges, whether misdemeanor or felony, is not something to take lightly. In addition to the possibility of jail time and expensive fines, those that have been accused of committing a crime will face additional obstacles. Loss of employment, embarrassment and a criminal record that will follow them for years to come are just a few of the possible repercussions. However, these scenarios may potentially be avoided by taking advantage of the services offered by a criminal lawyer. Despite several notions, there are several ways a criminal defense attorney can help.

Expertise Within the Law

One of the biggest mistakes that a defendant can make is to attempt to represent themselves. As a matter of fact, some judges may not necessarily allow it and even if they do, this is still is a bad judgment call. Those that do not have experience within the law will find it difficult at best to understand the legal jargon used within a courtroom, let alone have the knowledge and judgment to ensure they are being treated fairly.

Saving Time and Money

A deterrent for some is the costs associated with hiring representation. What the accused may not understand is that hiring a criminal attorney can actually save time and money. A lawyer may be able to eliminate or reduce fines and get the case taken care of quickly, as court costs can quickly add up. When comparing the costs to freedom, fines and court costs, hiring an attorney is not so expensive.

Best Possible End Result

In some cases, making a deal may actually be the best option. However, this does not mean that the prosecutor will offer the ideal terms. A NYC criminal lawyer can work with the courts and prosecution to find a resolution that will work for all parties involved. For some defendants, this can even eliminate jail time or even reduce the severity of the charge. All cases are different, a criminal defense attorney understands this and treats each case as such.